Signing Requirements
View the state signing requirements to determine what is needed to make the document legally binding.
By State
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Washington D.C.
- West Virginia
- Wisconsin
- Wyoming
How to Get a Medical POA (4 steps)
1. Select an Agent
If a principal has the capacity to make decisions for themselves, they are legally able to appoint a health care agent.[1]
The agent selected will be responsible for making decisions based on the principal’s healthcare. Therefore, it’s recommended to select a trusted individual who is aware of the principal’s medical history (e.g., heart conditions, medication, allergies, etc.)
Successor (2nd) Agent – An individual selected only if the primary agent is not able to fulfill their duties. Co-agent authority is not usually allowed; it must be the decision of one person.
Reimbursement ($) – The principal can set up compensation for the agent selected’s lodging, food, and travel costs.
3. Attach a Living Will
A living will is a legal document that outlines a person’s end-of-life treatment options. Specifically, if a patient becomes in a medical condition with no cure, it elects the decision to be made whether to not prolong their life.
A living will is recommended to be attached to any medical power of attorney created.
4. Sign and Complete
A medical power of attorney must be signed in accordance with state signing laws. This commonly includes witnesses and/or a notary public (see state laws).
When can an agent make medical decisions?
When the patient is considered to lack the capacity to make a health care decision (incapacitated).[2]
When is a patient determined to be incapacitated?
A patient can be determined to be incapacitated by:
- A physician
- A psychologist licensed in the state;
- An individual with training or expertise in the finding of lack of capacity who is licensed in the state as;
- A physician’s assistant;
- An advanced practice registered nurse; or
- A social worker.
- A responsible healthcare worker who is not described hereunder.[3]
Medical POA vs Living Will
Medical POA – Lets a person select their preferred treatment options with the use of an agent to carry out their wishes. Based on the principal’s wishes, the agent has the authority to prolong or withdraw life-sustaining treatment.
Living Will – Lets a person select their preferred treatment options without the use of an agent. The medical staff must follow the end-of-life treatment requests as written.
Statutory Forms: By State
Signing Requirements: By State
Some states have limitations on who can be a witness for the principal. For example, in California, a witness cannot be:
- Related by blood, marriage, or adoption;
- Beneficiaries to the principal’s estate;
- The agent; or
- Any health care worker or medical staff providing care to the principal.
| STATE | SIGNING REQUIREMENTS | LAWS |
|---|---|---|
| Alabama | Two (2) Witnesses | § 22-8A-4(c)(4) |
| Alaska | Notary Public or Two (2) Witnesses | AS 13.52.010(b) |
| Arizona | Notary Public or One (1) Witness | § 36-3221(A)(3) |
| Arkansas | Notary Public or Two (2) Witnesses | § 20-6-103(c) |
| California | Notary Public or Two (2) Witnesses | § 4701(e) |
| Colorado | No law (Notary Public recommended) | |
| Connecticut | Two (2) Witnesses | § 19a-575 |
| Delaware | Two (2) Witnesses | § 2503(b)(1)(d) |
| Florida | Two (2) Witnesses | § 765.202(1) |
| Georgia | Two (2) Witnesses | § 31-32-5 |
| Hawaii | Notary Public and Two (2) Witnesses | § 327E-3(1) |
| Idaho | No law (Notary Public recommended) | § 39-4510 |
| Illinois | One (1) Witness | 755 ILCS 45/4-5.1 |
| Indiana | Notary Public or Two (2) Witnesses | IC § 16-36-7-28 |
| Iowa | Notary Public or Two (2) Witnesses | § 144B.3(b) |
| Kansas | Notary Public and Two (2) Witnesses | § 58-632 |
| Kentucky | Notary Public or Two (2) Witnesses | § 311.625(2) |
| Louisiana | Two (2) Witnesses | § 224 (A) |
| Maine | Two (2) Witnesses | § 5-803(2) |
| Maryland | Two (2) Witnesses | § 5–603 |
| Massachusetts | Two (2) Witnesses | § 201D-2 |
| Michigan | Two (2) Witnesses | § 700.5506(4) |
| Minnesota | Notary Public or Two (2) Witnesses | § 145C.03(5) |
| Mississippi | Notary Public or Two (2) Witnesses | § 41-41-205(2) |
| Missouri | Notary Public | § 404.705(3) |
| Montana | Two (2) Witnesses | § 50-9-103 |
| Nebraska | Notary Public or Two (2) Witnesses | § 30-3404(5) |
| Nevada | Notary Public or Two (2) Witnesses | NRS 162A.790 |
| New Hampshire | Notary Public or Two (2) Witnesses | § 137-J:14 |
| New Jersey | Notary Public or Two (2) Witnesses | § 26:2H-56 |
| New Mexico | Two (2) Witnesses | § 24-7A-4 |
| New York | Two (2) Witnesses | PBH § 2981(2) |
| North Carolina | Notary Public and Two (2) Witnesses | § 32A-16A(3) |
| North Dakota | Notary Public or Two (2) Witnesses | § 23-06.5-05(d) |
| Ohio | Notary Public or Two (2) Witnesses | § 1337.12(1)(b) |
| Oklahoma | Two (2) Witnesses | 63 O.S. § 3101.4(A) |
| Oregon | Notary Public or Two (2) Witnesses | § 127.515(2) |
| Pennsylvania | Two (2) Witnesses | § 5452(b)(2) |
| Rhode Island | Notary Public or Two (2) Witnesses | § 23-4.10-2(9) |
| South Carolina | Notary Public and Two (2) Witnesses | § 62-5-517 |
| South Dakota | Notary Public or Two (2) Witnesses | § 34-12D-2 |
| Tennessee | Notary Public or Two (2) Witnesses | § 34-6-203(a)(3) |
| Texas | Notary Public or Two (2) Witnesses | § 166.154 |
| Utah | One (1) Witness | § 75-2a-107(c) |
| Vermont | Two (2) Witnesses | § 9703(b) |
| Virginia | Two (2) Witnesses | § 54.1-2983 |
| Washington | Notary Public or Two (2) Witnesses | § 70.122.030 |
| West Virginia | Notary Public and Two (2) Witnesses | § 16-30-4(a) |
| Wisconsin | Two (2) Witnesses | § 155.10(1)(c) |
| Wyoming | Notary Public or Two (2) Witnesses |